In a desperate attempt to stop the growing tide of plastic bag bans (41 and counting in CA!), the Save the Plastic Bag Coalition (STPBC) continues to threaten litigation against local jurisdictions, filing a lawsuit yesterday against San Francisco.

Its latest tactic has been to sue local governments with bag bans covering restaurants, claiming absurdly that Retail Food Code preempts the bans when in fact no public health or safety requirements require restaurants to provide carryout plastic bags for any reason, let alone in order to protect public health. The City of Dana Point, poised to pass a similar restaurant bag ban as well as a food takeout container ban later this year, appears to agree with us on this. Read more about Dana Point's ordinances and its attorney's opinion of STPBC's arguments on our blog.